SAN RAFAEL, Calif. _ Corporations may have many of the same rights as people, but those rights do not include riding in the carpool lane in Novato, Calif.

That was the message this week at a Marin County Superior Court traffic hearing, where San Rafael activist Jonathan Frieman contested a $489 carpool fine.

Frieman argued he was not riding alone in the carpool lane on Highway 101 in October, as alleged by police, because his corporation -- a stack of papers named "JoMiJO Foundation" -- was riding shotgun. Therefore, he was obeying the signs reading, "2 or more persons per vehicle."

With a hint of amusement, Marin County Traffic Referee Frank Drago on Monday said it was a "novel argument." But the goal of the carpool law in question is clear, he said before ruling against Frieman.

"Obviously the goal of the section (of law) is to reduce the volume of cars on the highway," he said.

Frieman and Greene, a San Anselmo town councilman, said they would appeal.

"A driver can't be expected to divine the intent of the legislature," Greene said after the hearing. "The driver is entitled to rely on the plain language that's used and 'person' is what's used on the signs along the side of the freeway, and person is what's used in the vehicle code."

In reality, the case has little to do with carpool lanes.

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Frieman, co-founder of the Center for Corporate Policy and a local political activist who battled against the opening of a Target store in San Rafael, said the traffic case is about corporate power.

He said he has driven solo in carpool lanes for years, hoping to be pulled over so he could argue about the rights corporations have accrued through more than 125 years of legal precedent. He said the country has gone too far in giving corporations many of the same constitutional rights as people.
"It's to get folks to learn more and understand the absurdity of corporate power," he said.

Contact Will Jason via email at wjason@marinij.com or via Twitter at http://twitter.com/willjason